Case number and/or case name
VG Düsseldorf, 25.8.2011 – 21 K 3058/11
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 1
Paragraph 2
SubParagraph c
Date of the judgement
24 August 2015
CJEU's case law cited by the court
Summary
A Dutch city claimed for repayment of social security benefits. The defendant is Dutch and lives in Germany. It was doubtful whether German courts had international jurisdiction.
The court denied the international jurisdiction of German courts under Brussels I. The city’s payment was part of the social welfare. The court came to the conclusion that the city’s payment was an ‘administrative matter’ within the meaning of Art. 1 (1) sentence 2 Brussels I. The court cited the CJEU’s jurisdiction according to which litigations between a public authority and a private person don’t fall within the meaning of the Regulation if the public authority acts within the exercise of its powers.
In accordance with settled case law of the CJEU it can be resumed that the present litigation doesn’t fall under the Brussels I Regulation because its subject matter isn’t a civil matter. The judgment is correct.